Senate Bill 10, a law passed in 2018, aims to prevent those who cannot afford nominal bail from remaining incarcerated during ...
U.S. Supreme Court, Civil Litigation
Cert denial leaves anti-SLAPP federal circuit split in place
By William Slomanson
On Tuesday, the U.S. Supreme Court denied certiorari in what could have been a pivotal case about whether anti-SLAPP belongs i...
Intellectual Property, Civil Litigation
Federal Circuit panels disagree on review of PTAB joinder decisions
By Jennifer R. Bush
Critics of a recent decision have questioned the basis for concluding that the joinder and institution are “separate” decision...
Government, Constitutional Law
Moving beyond the 2-party presidential debate
By Kris Whitten
When we cast our vote for president this time around, the best many of us will be able to do is hold our nose and breath, and ...
Labor/Employment
The ever-changing saga of the joint-employer doctrine
By Mellissa A. Schafer
The U.S. Department of Labor recently updated its interpretation of the joint-employer rule under the Fair Labor Standards Act...
Intellectual Property, Civil Litigation
Patent litigation surges in the Western District of Texas
By J. Jonas Anderson, Paul Gugliuzza
Practically all of the patent cases in the Western District of Texas are on Judge Albright’s docket. As the figure below shows...
Tax, Real Estate/Development
Proposition 19: 9 considerations before the November 3 vote
By Yin T. Ho
On Nov. 3, California's electorate will vote on Proposition 19, a constitutional amendment that would substantially restrict p...
Civil Litigation
Misguided decision could upend class action practice
By Adam J. Zapala, James G.B. Dallal
A federal appellate court found that class representative incentive awards — the common practice of permitting a court-supervi...
Civil Litigation, 9th U.S. Circuit Court of Appeals
9th Circuit wades into the bog of in rem jurisdiction
By Donald M. Falk
The court recently wrestled with in rem jurisdiction issues in a civil forfeiture case, and the law remains far from clear.
U.S. Supreme Court, Constitutional Law
What difference will Amy Coney Barrett make?
By Erwin Chemerinsky
Judge Amy Coney Barrett is 48 years old. If she is confirmed to the U.S. Supreme Court and remains on the court until she is 8...
U.S. Supreme Court, Labor/Employment
Arguments: Does ERISA preempt state laws regulating prices paid by prescription drug middlemen?
By Elizabeth Hopkins, Andrew M. Kantor
Last week the U.S. Supreme Court heard oral argument in a case examining whether the Employee Retirement Income Security Act p...
Law Practice, International Law, Ethics/Professional Responsibility, Civil Rights
Protecting those who, but for us, could forever remain victims
By Lucy Varpetian
For nearly two weeks now, 7,000 miles away from California, the native Christian-Armenian people of the Republics of Artsakh a...
Civil Litigation
To defend the impossible: How to defend cases under California’s Proposition 65
By Howard J. Smith III
While Prop. 65 cases normally settle early, numerous defenses do exist.
U.S. Supreme Court, Immigration
In Ginsburg’s absence, due process for asylum seekers at risk
By Camiel Becker
On Oct. 2, the Supreme Court granted certiorari in Barr v. Dai, a case that will decisively uphold or strip asylum applicants ...
U.S. Supreme Court, Government, Constitutional Law
Supreme Court to hear important Voting Rights Act case
By Christopher M. Kieser
Earlier this month, the U.S. Supreme Court agreed to hear a pair of cases involving Arizona’s prohibition of so-called “ballot...
Banking
The ‘true lender’ rule and the battle over the bank partnership model
By Salwa Kamal, Alexander Gershen
The Office of the Comptroller of the Currency recently issued a proposed rule clarifying when a national bank is the ”true len...
Real Estate/Development
Proposition 15 would reshape commercial real estate leasing
By Fernando Landa
November ballots in California will feature Prop. 15, which seeks to change California law to tax most commercial properties b...
Education Law, Civil Rights
Proposition 16 will help fight systemic discrimination
By Chris Chambers Goodman
Proposition 16 will end the ban on taking affirmative steps to ensure and actually provide equal access in public contracting,...
Intellectual Property, 9th U.S. Circuit Court of Appeals
Identical marks, identical types of products: Not enough to presume confusion
By Sarah S. Brooks, Alicia Sharon
A key question in a recent case, and which the 9th Circuit had never answered before, was whether a trademark counterfeiting c...
Labor/Employment, Covid Columns
Complying with AB 685’s obligations will be difficult for employers
By Colin Calvert
Assembly Bill 685 further expands the obligations of California employers to disclose information regarding COVID-19 exposure ...
Judges and Judiciary, Community News
Panel addresses elimination of bias on the California bench
By David Wolf
Last week, the Kern County Multicultural Bar Alliance held a panel addressing the important issue of the elimination of bias f...
Ethics/Professional Responsibility
Be careful with confidential information when posting online
By Shari L. Klevens, Alanna G. Clair
With many tasks moved online, attorneys will face increased risk if they do not remain vigilant when it comes to protecting cl...
Family, Alternative Dispute Resolution
Mediating custody disputes
By Franklin R. Garfield
How to provide the authoritative information and guidance that parties need to resolve a dispute
Law Practice, Ethics/Professional Responsibility, Data Privacy
Working remotely? Data breaches and attorney duties
By Cara Mae Acibo
The California State Bar’s Committee on Professional Responsibility and Conduct has issued a new formal opinion, 2020-203, tha...
Law Practice, Ethics/Professional Responsibility
State Bar offers ethical guidance on third-party litigation funding
By Ebony A. Koger, Jason E. Fellner
When a lawyer and law firm receive third-party funding, the well-known professional duties to a client can easily become blurr...
Corporate
California’s new diversity mandate for corporate boards
By Jennifer Rubin
After testing the waters with Senate Bill 826’s gender diversity mandate in 2018, California has now further committed public ...
U.S. Supreme Court, Criminal
Supreme Court should consider the ‘pattern of nonenforcement’ when it comes to medical cannabis
By Brett Schuman, Jennifer Briggs Fisher
Thirty-three states and the District of Columbia have recognized the importance of allowing access to medical cannabis. But ev...
Increasingly, our armed forces are imperiled by toxic hazards that have adverse effects on their health. Those who served in I...
Military Law, Criminal, Civil Rights
Military-style raids in civilian areas are simply not worth the risks
By William W. Bruzzo
In the wake of the tragic killing of Breonna Taylor by police in Louisville, Kentucky during service of a search warrant in a ...
Corporate
New shareholder proposal rules balance interests against cost
By Timothy R. Bowers, Cara L. Hupprich
On Sept. 23, the Securities and Exchange Commission adopted certain amendments to the procedural requirements and resubmission...